TERMS AND CONDITIONS OF USER AGREEMENT
Welcome to JACT! We are glad you have decided to join our community. We look forward to your involvement with our site and services. Before you jump into the world of JACT, please take a moment to review this User Agreement (the "Agreement"). This Agreement is an agreement between you (referred to hereinafter as "You", "Your," "Member," or "User") and Jact Media Inc. It is important that you understand both the benefits we provide, as well as our limitations.
AGREEMENT BETWEEN USER AND JACT MEDIA INC
CLIENT SOFTWARE USE LIMITATION
YOU MAY ONLY USE JACT CLIENT SOFTWARE OR AUTHORIZED THIRD-PARTY SOFTWARE TO ACCESS AND/OR USE THE SERVICE.
NO UNLAWFUL OR PROHIBITED USE; RESPONSIBILITY FOR YOUR ACCOUNT
You agree to use the Service only to send, receive, and transfer appropriate messages and material. By way of example, and not as a limitation, you agree that when using the Service, you will not:
- Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, bulk or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Create a false identity for the purpose of misleading others;
- Publish, transfer, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Transfer, stream, or otherwise make available, files or other material that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
- Use any material or information, including images or photographs, which is made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Transfer, stream or otherwise make available, files or other material that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Download any file or other material transferred by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service or other user or usage information or any portion thereof;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred;
- Violate any code of conduct or other guidelines which may be applicable to the Service; or
- Use any portion of the Service to harvest or otherwise collect information about others, including e-mail addresses.
Jact reserves the right at all times to monitor communications on the Service and disclose any information Jact deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of Jact, its employees or the public. Jact also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in Jact's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in the Service. Jact does not control or endorse the content, messages or information exchanged by means of the Service and, therefore, Jact specifically disclaims any liability with regard to the Service and any actions resulting from your participation in the Service.
You are responsible for all activities that occur in your Service account. You agree to notify Jact immediately of any unauthorized use of your account or breach in security known to you related to the Service.
INTERACTION WITH THIRD PARTY SITES AND SERVICES
You are solely responsible for any dealings with third parties (including advertisers) who support the Service, including the delivery of and payment for goods and services.
SOFTWARE AND CONTENT AVAILABLE ON THE SERVICE
You will not disassemble, decompile, or reverse engineer the Software. All Software is protected by copyright laws and international treaty provisions. Any unauthorized reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
NO WARRANTIES; LIABILITY DISCLAIMER; EXCLUSIVE REMEDY Jact PROVIDES THE SERVICE AND THE SOFTWARE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. Jact, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE " Jact PARTIES") MAKE NO WARRANTIES. THE Jact PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. Jact MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
IN NO EVENT SHALL ANY OF THE Jact PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Jact OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
GENERAL JACT PROGRAM CONDITIONS
You will not be able to transfer JACT related currencies you accumulate in the Jact program to any other JACT accounts.
JACT members must have earning and redeeming activity once every 60 days in order to retain their account. JACT related currencies will first expire under this 60 day policy on December 15, 2012. If your account has no qualifying activity in any 60 day period, all JACT related currencies in the account will expire. Each qualifying activity extends the expiration date for 60 days from the date of the qualifying activity. Qualifying activity is defined as redeeming any JACT related currencies in the JACT program as well as accruing JACT related currencies using the JACT program.
CLAIM MUST BE FILED WITHIN ONE YEAR
Any claim related to this Agreement or the Service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
Jact may, but is not required to, provide you with customer support ("Support"). Unless you have entered into a separate written support agreement with Jact with respect to the Service, Jact, in its sole discretion, may terminate any Support it provides at any time. Authorized third-party software that uses the Service is not supported by Jact and you should contact the provider of such software for support, if any.
Otherwise, your license to use the Software with the Service terminates when you terminate your use of the Service. Your license to use the Software with the Service may also terminate if Jact, in its sole discretion, modifies the Service to no longer support such Software.
You consent to Jact providing you any information regarding the Service in electronic form. Jact may provide such information to you via e-mail at the e-mail address you specified when you registered for the Service, by instant message to you or your account, or by access to a Jact web site. As long as you access and use the Service, you will have the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you must discontinue your use of the Service.